KHUSBUR RAHAMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgment and order of conviction dated 28.11.2017 and sentence dated 29.11.2017 passed by the Learned Additional Sessions Judge, 2nd Court, Raiganj, Uttar Dinajpur in POCSO Case No. 106 of 2016, thereby convicting the appellant under Section 6 of the POCSO Act, 2012 and sentencing him to suffer rigorous imprisonment for 4 years and to pay a fine of Rs. 20,000/-, in default to suffer rigorous imprisonment for 6 months. The fine, if recovered, was to be paid to the victim. The appellant had already served out substantial part of the sentence and as per report filed by the Superintendent, Balurghat Central Correctional Home, the appellant would be released on 16.03.2021 if the fine is paid and on 16.09.2021 if the fine is not paid. The application for non prosecution of the appeal filed by the appellant was disposed of on 08.01.2021. Thereafter, the appeal was heard at length.

(2.) On 06.11.2015, PW 1, the elder brother of the victim girl lodged a First Information Report under Section 6 of the POCSO Act and Section 376 of the Penal Code alleging that on 19.10.2015 at about 11 a.m. the victim, who was aged about 16 years, had gone out from her house, but did not return till midnight. On 27.10.2015 at about 18.00 hours the victim girl returned home screaming. On enquiry, she deposed that the appellant had taken her to his residence luring her with marriage proposal. But, in spite of entering into a physical relationship more than once during her stay at his residence, he left her at a nearby place and disappeared from there. After registration of the First Information Report, investigation commenced. The victim and the appellant were medically examined and a statement of the victim was also recorded under Section 164 of the Code. After completion of investigation, a charge-sheet was submitted against the appellant.

(3.) On 28.06.2016, the learned Trial Court was pleased to frame a charge under Section 6 of the POCSO Act against the present appellant.